Landlord Must Pay $50,000 in Punitive Damages

Facts: In 1994, 11 tenants sued landlord for breach of the warranty of habitability and reduced building services. Landlord in turn sued to evict tenants for nonpayment of rent. All the cases were consolidated. Tenants initially proved that there was no heat and hot water. The court found that this condition was dangerous to the life, health, and safety of tenants and ordered landlord to restore the service. Subsequently, heat and hot water were sporadic, and other conditions continued. Tenants were locked out of the building when the doorman was away from his post; the intercom didn't work properly; cleanliness deteriorated; public area lighting wasn't maintained; and mail delivery was interrupted. Several superintendents also were abusive to tenants. Tenants asked the court for rent abatements, punitive damages, and an order directing landlord to correct the breach of the warranty of habitability. Court: Tenants win. Landlord permitted dangerous conditions to continue at the building. Failure to provide heat and hot water is in and of itself recognized as a violation of the warranty of habitability. In addition, landlord intentionally and relentlessly acted to force tenants to move out. This intentional deprivation of essential services and landlord's abusive behavior warranted imposition of punitive damages in the amount of $50,000. The conditions also resulted in 60 percent rent abatements to tenants. The court also ordered landlord to correct all the conditions in violation of the warranty of habitability.

K.E.V. Realty Co. v. Kelly: NYLJ, p. 26, col. 4 (5/31/96) (Civ. Ct. NY; Evans, J)